If something falls off a vehicle, that driver (if identified) can be liable for the damage to your vehicle and any further collisions and injuries that result. A driver in front of you who accidentally has a tire sling up a rock into your car generally wouldn’t be liable unless they were acting recklessly.
If road debris were caused by construction or road work, a local city or county DOT office might be accountable.
Determining who is responsible for a road debris accident and identifying an at-fault driver or trucking company can be difficult. A skilled attorney can help you track down the responsible party and seek help with your medical bills and more. Contact Maison Law for a free case consultation to go over your best options for winning support.
Determining Fault for Obstacles in the Road
When objects fall off a truck on a California freeway, they can give motorists a scare and do some real damage to vehicles. Something may also fall from a pick-up truck (even tire shreds) and be left in the lanes for approaching drivers to ram. This road debris can easily send motorists into a more serious collision and even a multi-car accident.
All motorists are required to secure anything they are hauling to protect anyone else using the road. When something falls, they can be held liable. The responsibilities are explained in California Vehicle Codes CVC 23114. & CVC 23115.
The California Office of Traffic Safety (OTS) puts it in easier-to-understand terms. They define a secure load as “when nothing can slide, shift, or fall onto the roadway, or become airborne.” They recommend that tarps, roads, and netting be used for all loads. The OTS says that drivers who don’t secure loads can face around $200 in fines, not counting court fees.
The motorists responsible could face fines, but they can also be found liable in accidents. This means drivers, and truck drivers (and the companies they work for) could be liable for a victim’s medical expenses, lost time at work, and car repair bills.
Of course, identifying the drivers who drop dangerous objects on the road can be the hardest part in any claims process. A skilled attorney can help you use all available evidence to sniff out a responsible driver. In some cases, a Maison Law attorney might also identify other parties that could be held liable for an accident, even if the main driver responsible isn’t caught.
DOT Responsibility for Road Debris
The Department of Transportation has a duty to keep roads clear of major obstacles. They must monitor for dangers, as well as react when they receive reports of problems.
These are a few of the circumstances where a state or local DOT could be held liable for debris and accidents:
- Failure to clear a major obstacle off the highway after being informed of the hazard, or when the department should have known about it.
- When poor road maintenance is to blame, such as large potholes or cracks
- A lack of warning signs about a hazard or a construction obstacle.
- If the department or a contractor didn’t clean up construction debris properly.
It’s important to know that any claim filed against a government entity is very complex. There will be shorter deadlines to file and a lot of complicated paperwork. You’ll also be fighting against government lawyers. It’s a good idea to have a lawyer on your case if you’ve suffered a serious injury due to road debris.
Trucks with “Stay Back” Signs Dropping Rocks
Dump trucks from construction sites and road work sites can be counted on to drop tiny stones that can bounce along and damage your vehicle. Logging trucks can turn loose of limbs and wood chips to cause roadway dangers.
These trucks may have “Stay Back 100 Feet” signs, but these signs don’t excuse the driver and the employer from liability if you are hurt in a collision with a large piece of debris.
The signage may state that they aren’t responsible for broken windshields, but that’s not backed up by the law. Dump truck drivers and trucking companies can be liable for car damage, and for accidents and injuries.
Again, identifying the truck that dropped pieces of debris into the road can be difficult. Some trucks barely have an identifying tag or a company name on the side. A lawyer can help you seek out those responsible.
When to Contact a California Car Accident Lawyer
If something flies off a truck and hits your car, or you strike something in the road and only property damage results, you are probably fine handling a repair claim yourself.
However, when something in the road causes an accident, and you are left with a serious injury, like a broken bone or a neck or back injury, it’s a good indicator that you could use a lawyer’s help.
A lawyer’s investigation uncovers powerful evidence that can be used when auto insurance providers try to deny blame. A California truck accident attorney can also represent you when you must take on company lawyers protecting a trucking company.
Contact us for a free case consultation. There’s no obligation for this meeting. And if we agree that you could use a lawyer’s help to earn more, there are no upfront costs. You only pay us if we win your case for you. Even then, our fee comes out of the settlement check an insurer must write for you.
